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Back to: GLBT » News » Home
News :: GLBT

1913 law petition fails
by Ethan Jacobs
associate editor
Thursday Oct 30, 2008

Brian Camenker’s anti-gay group MassResistance failed to collect enough signatures to place a referendum on the 1913 law on the ballot.
Brian Camenker’s anti-gay group MassResistance failed to collect enough signatures to place a referendum on the 1913 law on the ballot.    (Source:Marilyn Humphries)
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UPDATE 10/31/08, 2:15 p.m.: Scroll to the bottom to see MassResistance’s e-mail to supporters explaining the failure to collect enough signatures.

The effort by the anti-gay group MassResistance to reinstate the 1913 law has failed. The group had spent the past two months collecting signatures to place a referendum on the 2010 ballot to reinstate the law, which the legislature and Gov. Deval Patrick repealed in July, but by the Oct. 29 deadline for gathering signatures MassResistance had only managed to collect one-third of the total needed. The 1913 law, which banned marriages between couples from out of state whose marriages would be void in their home state, had been used by former Gov. Mitt Romney to block most out-of-state same-sex couples from marrying in Massachusetts.

"The fact is this is a huge relief," said Arline Isaacson, co-chair of the Massachusetts Gay and Lesbian Political Caucus. "It’s not that we were afraid we’d lose the ballot question, it’s that it would have taken so many resources, so much money and time and effort to defeat it, it would have been all-consuming, and it would have taken those resources from other issues."

Brian McNiff, a spokesman for Secretary of State William Galvin, said MassResistance turned in roughly 10,500 signatures, far below the 33,297 needed to place it on the ballot.

MassResistance’s campaign to reinstate the 1913 law was a long-shot effort. Both the Massachusetts Family Institute (MFI) and the Catholic Church, two of the organizations that led the unsuccessful fight to pass a constitutional amendment to ban same-sex marriage, declined to get involved in the signature-gathering process. Bay Windows received few reports of sightings of MassResistance petition gatherers, other than one sighting at the Burlington Mall.

MassResistance, led by anti-gay activist Brian Camenker, seems to have quietly admitted defeat in their campaign. All mention of the 1913 law repeal effort appears to have been removed from the group’s website.

In an Oct. 31 e-mail to supporters Camenker blamed the failure to collect enough signatures on a wide range of people and organizations, from "homosexual activists" to MFI to the Catholic Church. Here is Camenker’s email message about the petition:

Referendum petition drive comes up short.
This was a fight about principle - against overwhelming opposition and
suppression from all sides.

One result: MassResistance now stronger. It seemed like we had a lot more signatures. An army of nearly 300 people had been working hard. Many putting in long hours and then driving all over the state to collect them from town clerks. But when we counted them up just before delivering them to the Secretary of State’s office, there were less than 11,000 certified signatures, about a third of what was needed. (And almost a thousand more came in too late to be counted.)

The repeal of the "1913 law" won’t get to be voted on by the people.

(In July, the Legislature repealed the "1913 Law" which had prohibited out-of-state couples from marrying in Massachusetts if that marriage would be illegal in their home state. This was purposefully done to allow homosexual couples to come here and get "married" and then go back to their home states and sue to have their marriages recognized, using the US Constitution’s "full faith and credit" clause, and thus nullify the various "defense of marriage" amendments recently passed by 44 states. In August, MassResistance filed a Referendum Petition to force this to be voted on by the people. About 33,000 signatures were needed.)

Thousands of certified sheets ready to be taken do the Secretary of State’s office. This was arguably among the most difficult petition efforts ever in Massachusetts. This was done strictly on principle. It had no effect on people living here, only on people living in other states. And it was complicated to explain to the public. More than anything else, this was about regular citizens saying loud and clear to the liberal elites: "We’re not stopping. We’re not giving up. We’re not taking this lying down."

But the obstacles that appeared before us were quite overwhelming:
* Many people were afraid that if they signed, their names would end up on homosexual web sites and they would be harassed. As we all know, this happened with the Marriage Amendment petition signers, and a lot of people were harassed.
* Homosexual activists terrorized our petition gatherers across the state. They would come up to them and scream horrible things, and then call the police (or store managers) with phony complaints and charges. It happened constantly. Homosexual websites sometimes tracked our signature-gathering activities. And they even tried to intimidate the MassResistance office by sending us a stream of obscene emails.
* The Archdiocese of Boston opposed the effort and took extraordinary steps to thwart it. They contacted every Catholic church in Massachusetts and told them not to allow petitions to be gathered there. Priests spoke from the pulpit against it, and ordered petition gatherers off the property. (Ironically, in July the Archdiocese had publicly denounced the Legislalture’s repeal of the 1913 law -- and the Cardinal himself signed our petition!)
* The pro-family group Massachusetts Family Institute (MFI) publicly opposed the effort, discouraged people from participating, and refused to help us contact churches they were affiliated with. (Basically, we were told, they were afraid that if we forced a statewide election, it would be too difficult a fight and they wanted to avoid that.)
* Since this actually only affected people in other states, we were counting on out-of-state donors to help us out. For example, we were all ready to mail petitions to 80,000 people who had signed the Marriage Amendment. This would have been a huge boost! But we needed money to at least pay for postage. Unfortunately the out-of-staters we asked (including the American Family Association) all turned us down. What we learned is that, basically, they’ve given up on Massachusetts. But we haven’t.
* Our friend Larry Cirignano, who helped run the Marriage Amendment petition drive, had agreed to come in run this petition drive (for reasonably generous pay). But after taking the first few weeks off to attend the Democratic and Republican national conventions and then a values voter convention, Larry suddenly abandoned this effort to work instead for the Jeff Beatty US Senate campaign. Larry never explained to us why he did this, but he did mention that a certain MFI director had pressured him not to work with us. (This was very hard for us to recover from. But over the last few weeks a stalwart group of people stepped up and did yeomen’s work.)
* Unlike with initiative petitions and constitutional amendments, we didn’t have months to plan this. We had to act within days of the repeal of the 1913 law, and immediately get to work.
But coming out stronger

All in all, mostly positive things came from all this. Over a hundred new people we’d never seen before showed up and became very active! People who’d never thought of getting involved worked their hearts out. Volunteers teamed up and did whatever they could for every signature. They put in countless hours engaging people on street corners, in malls and supermarkets, outside of churches, and driving from town to town across the state. There were young mothers with babies working side by side with people in their 80s. They all knew that this is the cutting edge of the effort -- to fight back in Massachusetts.

We also connected with many, many Protestant (and some Catholic) churches that knew what the core of this struggle really is. And there’s no question we’ll be bringing on several thousand new activists from the people who eagerly signed the petitions!

Moreover, this experience forced us to become better organized and disciplined. MassResistance is clearly much stronger and more effective than before this started. And we will have expanded in size tremendously.

It’s interesting what adversity can do to you. When things finally began to come together the synergy was amazing, and we’re continuing to build. As a result. when the Legislature gets back into session in January we will be there - much stronger than ever before! (And if we ever need to do a petition drive again, we’ve now learned that process pretty well.)

To everyone who got involved: You are heroes. You’re not just sitting on the sidelines and wringing your hands. You are part of the vanguard out in the streets defending civilization. And it will get bigger, you can count on it.



Ethan Jacobs can be reached at ejacobs@baywindows.com



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